The Superior times. [volume] (Superior, Wis.) 1870-1912, 1887-04-23
THE DEFENSE.
Witnesses Introduced, and What They HAD
to
the State rested It's case.


! Witnesses Introduced, and What They Had
to Say.
y Nm. \. Smith, policeman, was the first
witness for the State, and testified that he
! was acquainted with Kosehnitski and that the
! latter was someH hat intoxicated. Adoph
and VIM Metz and Oscar Bridewell all testify
( 10 the same effect VIM. Doerssm testified
son the night of the murder went to John
/ sons Tor Mrs. Leayitt told her about the
killing She said Good: I'm glad the 81
/ of q b-h is killed. In the back ward at
Ryan's l was present when faded brown hat
was dug up, Kellogg took charge of 1t
{ think il WAS the same hat that was left in my
room by Leavitt the night of the murder
saw Leavltt, and he wore light gray hat that
: day-a stiff hat
u. c. BARNES
7 testified: Il live in Sioux CITY and have for
fourteen years | am in the milling business
| work for the City Mill and Elevator Com
panv In August / lived on West Second
street | have known John Arensdorf nine or
ten years His general character il good
saw him on the evening of the I'd of August
Just before dark, probably between : and 5
O'Clock, on Fourth street by the Academy of
Music. | talked with him there. He and
went into Phil Eberle's saloon, and staid there
till about 9:30, There we were talking about
city politice-not IN particular about saloon
matters. Mr.. Dayelaar came in. We went
over to the Shepherd saloon. We got there
Shepherd | went out to the drug store
Moore's drug store. Arensdorf told me to
stop for him as / came back. Mr.. Arensdorf
anu ate lunch at the Shepherd saloon when
| came back. ] think tn took us about
twenty minutes We came out together, and
| started home and Arensdorf started east
passed the Columbia House lookel at the
clock there. and il was 1918 or 1917 o'clock
There was no one but myself aud Davellar
with Arensdorf that evening Others came III
# "A 10 IN hon tElA and haIT
blocks from the Shepherd u the Columbia.
My housy is three and half blocks from the
Perry creek bridge, over which pass going
home | saw men standing on the corner at
Water and Fourth streets by Dineen's fence,
There we're two or three or four of them. |
heard of the murder next morning. ! didn't
hear of it the night of the third. Arensdorf
had been collecting that eve ing l did not
separate from Arensdorf during the evening,
except when | went TO the drug store. | have
known Bismarck. / know his general char
acter; ii il bad | think ] saw Bismarck near
the Columbia House that night ] didn't re
co nize him IN particular, The electric light
was about one block west Of the west end of
the bridge. Fourth street l. called West
Third street west Of Perry creek ] met
Frank Barker on the bridge that night He
was going east on Fourth street | think the
electric right hung In the center Of the street
q. W, SMITH
testites: 4 have lived in Sioux City about
two years l have lived over a wear IN the
( Columbia House. | am a harness maker.
| worked for l.. Humbert up 10 last January
| worked for him in August last HIS shop
is on Pearl street | was lodging at the Co
lumbia House on August - NY room IL
No L. facing Water street the southeast
corner up stairs. went out of the house
after supper. | went up street and returned,
getting back about $40 | wasn't ceiling very
well and | looked at the clock and sat down in
the bar room and remained there till 1913
and then went TO my room, which Is on the
second floor ! then partly undressed and
opened the window The head Of the bed was
about or 3 feet from the window. | could
see that part of Fourth street which il inter
sected by Water street, and could see across
10 Dineen's corner. / heard the shot fired
that evening about ten or fifteen minutes after
went TO bed. ! was looking out on the street
/ saw four per6oDs-out on the street. There
we're two persons close together They were
about the middle OF the street Oh the crossing
They were four feet apart ] saw the man
who fired the shot He was north and little
behind the other, about -four feet away The
man who shot had on a light straw hat, rubber
coat and light pants, He turned and ran
across Fourth street and north on Water street
| didn't see him beyond the blacksmith shop.
The man who was shot staggered aud fell
The witness was shown remnant of an old
straw hat which William Doersam testified
that Leavitt left in his room on the night of
the murder and which had been introduced
the day before
Witness. continuing: The hat ! saw on the
man that fired the shot looked brighter than
I that, with q broader band. ] know John Ar
ensdorf well. The man who fired the shot
was not John Arensdorf ! am positive as to
3 that, | have seen IeavItt From Jeavitt g
+ form, motions, etc. / think he was the man
/ who fired the shot There was an electric
light about half block away and 1t was chin
ing brightly. There were no buildings be
Z tween me and the light and the two men were
.aylEr h4fy and pp lIgptlf
gas light right on the corner Of the Colum-
! bia House The two men were about twenty
i've feet from the gas light at the time of the
. shooting. | was not EcGOre the coroner .
I jury. ] wa called by the State before the
( coroner's jury In November ] was subpa-
naed by Marshal Stanley and taken to
Justice Foleye office. States Attorney
Marsh til re. They wanted me
. TO make catement but / refused
to do So | vac fined $40 and commit
ted TO jail 70 contempt Of court ] was
brought to the Ia. and kept till about o'clock
when was taken to Murphy's office Foley
was sent for. Tn made statement which
was taE"n down IN writing. ! only answered
such quest ans were put % me. ] wac
sworn first tn, afternoon before | made any
answers | signed that statement | was not
called before the Grand jury. This state
ment was made, think. while the Grand Jury
was in session. / don't know what became OF
this statement.
At this point the defense introduced several
dispositions from LesvenwOrth, Kan. tending
to impeach Leavitt.
J. N. Simonson gave testimony which wa.
thoroughly shredded ON cross examination.
JULIUS IEIBERToN,
testified: lived il Sioux CITY last tuoue4
and roomed al the engine house on Watel
street, between Third and Fourth streets
do not belong 70 the fire company. but wa.
stopping with some Of the IRE boys The en-
CINE house Is half block from the Columbi,
House. The engine house is ON the same aid,
, With the Columbia. ] was sitting in the WIN
dow on the north side of the engine house. M
stairs, at the time the shot was fired on Aug
pst the shot, ! mean, that killed Mr.. Had
dock. Witness was shown Plat of the b,,iI1
} ing and marked with pencil the position h.
had at the window the night of August 8 Wit
ness, continuing The window is on the nortf
side Of the engine house near the east end
] ! was facing east and looking in the direction n
The corner Of Fourth and Water streets. sns